Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 16613/2025
Date of Decision: 16.03.2026
IN THE MATTER OF:
CELINA JAITLY .....Petitioner
Through: Mr. Sandeep Kapur, Ms Niharika
Karanjawala Mishra, Mr. Raghav
Kacker, Ms. Rytim Vohra, Ms Srishti
Aggarwal, Mr Aayush Shukla,
Advocates.
versus
UNION OF INDIA .....Respondent
Through: Mr. Chetan Sharma ASG along with
Ms.Nidhi Raman CGSC with
Mr.Arnav Mittal GP Mr. Akash
Mishra, Mr.Amit Gupta, Mr.Subham
Sharma and Mr.Naman Yashwardan
Advocates.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The instant petition is for the following reliefs:-
“A. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to forthwith facilitate the provision of
effective legal representation and / or counsel to Maj. (Retd.) Vikrant
Kumar Jaitly with respect to his arrest and detention in United Arab
Emirates;
B. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to bear or assist in securing the
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:NEHA CHOPRA
Signing Date:24.03.2026
11:41:39
necessary legal expenses to the extent possiblewith respect to the
detention of Maj. (Retd.) Vikrant Kumar Jaitly;
C. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to forthwith facilitate contact and
real-time communication of the Petitioner with Maj. (Retd.) Vikrant
Kumar Jaitly;
D. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to immediately take all necessary
steps, through the concerned Indian Mission abroad, to secure
appropriate medical treatment and humanitarian care for the detainee.
E. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to ensure that the concerned Indian
Mission maintains regular contact with Maj. (Retd.) Vikrant Kumar
Jaitly, monitors his welfare and access to legal assistance, and regularly
informs the Petitioner of all relevant developments concerning his
detention and legal status.
F. Issue a Writ of Mandamus or any other appropriate Writ, Order or
Direction directing the Respondent to take up the matter of Maj. (Retd.)
Vikrant Kumar Jaitly’s arrest and detention with the authorities of the
detaining country through appropriate diplomatic channels, to ensure
that his rights are protected and that he is treated in accordance with
international law and conventions on consular access.
G. Pass any other Order(s) as this Hon’ble Court may deem fit in the
facts and circumstances of the present case.”
2. The present petition was filed by the petitioner, the sister of Maj.
(Retd.) Vikrant Kumar Jaitly, seeking various reliefs in relation to Mr.
Jaitly’s arrest and detention in the United Arab Emirates (‘ UAE ’). During
the course of the hearing, confidential information in the form of a report of
Consular Access visited to Mr. Jaitly has been brought in a sealed cover by
Mr. Chetan Sharma, ASG. The said report prepared by the Embassy of
India, Abu Dhabi has also been perused by the Court.
3. After careful consideration of the petition, it appears that each of the
prayers made in the instant petition have been satisfied and mitigated by this
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Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:NEHA CHOPRA
Signing Date:24.03.2026
11:41:39
Court by its various orders.
4. The first prayer seeks to facilitate the provision of effective legal
representation and / or counsel to Mr. Jaitly.
5. On the basis of the status report given by the respondent-Ministry of
External Affairs (‘ MEA ’), it has come on record that the concerned officials
of the Respondent-Ministry met Mr. Jaitly after being granted consular
access, and apprised him of the names of some locally accredited law firms
who may be willing to represent him, including M/s Khaled Almari &
Partners, UAE. However, Mr. Jaitly informed the officials that the decision
regarding engagement of a lawyer would be taken by his wife (Ms. Charul
Jaitly). Consequently, the concerned officials communicated the details of
the consular access meeting to the detainee’s wife. As per the status report,
no response had been received from Ms. Charul Jaitly on the question of Mr.
Jaitly’s legal representation.
6. The second prayer seeks a direction that the respondent bear or assist
in securing necessary legal expenses for Mr. Jaitly.
7. As per the Court directions, the aforesaid aspect was also brought to
the notice of Mr. Jaitly, who in communication with the officials,
unequivocally stated that he is not willing to be represented by any of the
law firms. The Court specifically directed that the concerned officials had to
bring to the cognizance of Mr. Jaitly that M/s Khalid Almarri & Partners are
willing to provide pro bono legal assistance to him. Even the said request
has not been acceded to by Mr. Jaitly.
8. So far as the third prayer seeking a direction to respondent to facilitate
contact and real-time communication of the petitioner with Mr. Jaitly is
concerned, as per the communication made available by the respondent, it
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Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:NEHA CHOPRA
Signing Date:24.03.2026
11:41:39
has come on record that Mr. Jaitly is not willing to engage with the
petitioner, and make communication in this regard.
9. The fourth prayer seeks a direction to respondent to ensure that the
concerned Indian Mission maintains regular contact with Mr. Jaitly,
monitors his welfare and access to legal assistance, and regularly informs
the petitioner of all relevant developments concerning his detention and
legal status.
9.1 The aforesaid aspect is being adequately taken care of by the Indian
Embassy, Abu Dhabi. Importantly, the Court also does not deem fit to
control, on a minute and granular level, the manner in which the MEA is to
operate and function.
10. The fifth prayer seeks a direction to the respondent to take up the
matter of Mr. Jaitly’s arrest and detention with the authorities of the
detaining country through appropriate diplomatic channels, to ensure that his
rights are protected.
11. The reports and the submissions being made by the respondent from
time to time would unequivocally indicate that efforts are being made by
State authorities in consultation with Mr. Jaitly. There cannot be any overt
act, which is adverse to Mr. Jaitly, without taking him into confidence.
There is no material on record, which would lead this Court to conclude
otherwise.
12. Additionally, it be also noted that Mr. Jaitly repeatedly insisted for
taking decisions in consultation with his wife namely, Ms. Charul Jaitly. He
was of the clear opinion that the decision concerning his legal matters or
otherwise, would not be dependent upon the wishes of the present petitioner.
13. In view of the aforesaid reasons and developments, there is no reason
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Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:NEHA CHOPRA
Signing Date:24.03.2026
11:41:39
to keep the instant petition pending. Accordingly, the same stands disposed
of, along with the pending application.
14. The respondent-MEA, however, shall continue to remain in touch
with Mr. Jaitly and provide all legal assistance as may be available in law.
PURUSHAINDRA KUMAR KAURAV, J
MARCH 16, 2026
Nc
Signature Not Verified
Signature Not Verified
Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:NEHA CHOPRA
Signing Date:24.03.2026
11:41:39